989 F.2d 277 - United States v. Thomas — 989 F.2d 277

How this case has been cited

Cited by 5 later decisions — most recently September 2010

3 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Daniel P. Reardon, Clayton, MO, argued, for appellant.

¶2Kenneth R. Tihen, St. Louis, MO, argued, for appellee.

¶3Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

¶4PER CURIAM.

¶5Bennie Thomas appeals his sentences for one count of possession with intent to distribute cocaine and three counts of possession with intent to distribute cocaine base. See 21 U.S.C. §§ 841(a)(1), (b)(1)(B) (1988 & Supp. II 1990). Thomas contends the district court should have reduced his offense level under U.S.S.G. § 3E1.1 (Nov. 1991) for acceptance of responsibility because he pleaded guilty to all four counts. We disagree. A defendant who pleads guilty is not entitled to an acceptance-of-responsibility reduction as a matter of right. See id.§ 3El.l(c); United States v. Lublin, 981 F.2d 367, 370 (8th Cir.1992). Thomas committed two of the offenses while released on bond pending trial for the other two offenses. Because Thomas continued his criminal activity, we conclude the district court-properly denied the acceptance-of-responsibility reduction. See United States v. Hibbert, 929 F.2d 434, 435 (8th Cir.1991) (per curiam); *278United States v. Wivell, 893 F.2d 156, 159 (8th Cir.1990).

¶6Accordingly, we affirm.